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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of fireworks by counties; imposing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 352, Local Government |
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Code, is amended by adding Section 352.052 to read as follows: |
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Sec. 352.052. FIREWORKS FEE. A county may impose a fee on a |
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person who sells fireworks in the unincorporated area of the |
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county. The fee may be used only to offset the costs of providing |
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additional county services resulting from fireworks sales, |
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including firefighting services, litter abatement services, and |
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traffic management services. |
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SECTION 2. Section 42.01(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if he intentionally or |
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knowingly: |
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(1) uses abusive, indecent, profane, or vulgar |
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language in a public place, and the language by its very utterance |
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tends to incite an immediate breach of the peace; |
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(2) makes an offensive gesture or display in a public |
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place, and the gesture or display tends to incite an immediate |
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breach of the peace; |
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(3) creates, by chemical means, a noxious and |
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unreasonable odor in a public place; |
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(4) abuses or threatens a person in a public place in |
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an obviously offensive manner; |
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(5) makes unreasonable noise in a public place other |
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than a sport shooting range, as defined by Section 250.001, Local |
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Government Code, or in or near a private residence that he has no |
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right to occupy; |
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(6) fights with another in a public place; |
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(7) discharges a firearm in a public place other than a |
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public road or a sport shooting range, as defined by Section |
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250.001, Local Government Code; |
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(8) displays a firearm or other deadly weapon in a |
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public place in a manner calculated to alarm; |
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(9) discharges a firearm on or across a public road; |
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(10) exposes his anus or genitals in a public place and |
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is reckless about whether another may be present who will be |
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offended or alarmed by his act; [or] |
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(11) for a lewd or unlawful purpose: |
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(A) enters on the property of another and looks |
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into a dwelling on the property through any window or other opening |
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in the dwelling; |
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(B) while on the premises of a hotel or |
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comparable establishment, looks into a guest room not the person's |
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own through a window or other opening in the room; or |
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(C) while on the premises of a public place, |
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looks into an area such as a restroom or shower stall or changing or |
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dressing room that is designed to provide privacy to a person using |
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the area; or |
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(12) explodes or ignites fireworks in a public place |
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or near a private residence. |
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SECTION 3. This Act takes effect September 1, 2011. |